K.Selvakumar v. The Regional Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No.27444 of 2015 and M.P. No.1 of 2015 K. Selvakumar Petitioner vs.
The Regional Director National Highways Authority of India III Floor DP-34, (SP) Industrial Estate Guindy, Chennai 600 032 The Deputy General Manager (T) and Project Director National Highways Authority of India (Ministry of Road Transport and Highways) No.7, Kamadhenu Nagar Karur 639 001 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorari calling for the records relating to the impugned letter no. NHAI / PIU / Karur / NH - 67 / KC02/Encroachment/2015/596 dated 09.07.2015 on the file of the second respondent and quash the same.
For petitioner Mr. S. Vinoth Kumar for Mr. K. Govi Ganesan
ORDER
(made by SATISH K. AGNIHOTRI, J.) This writ petition is filed assailing the legality and validity of the communication dated 9th July 2015 issued by the second respondent, whereby and whereunder, the petitioner has been called upon to remove his hotel named "Aatha Mess" which has encroached the National Highways land by construction of access bridge in front of the said hotel, along the Karur to Coimbatore Section of NH-67 from Km. 218+200 to KM 332 + 600 of NH - 67.
The learned counsel for the petitioner submits that the petitioner is a lawful owner of the land in question. By the impugned communication, he has been called upon to remove the structure, without verifying the facts as to ownership and possession of the same and as such, the petitioner cannot be directed to remove the structure from the land in question, which is under his legal ownership.
Pursuant to the aforesaid impugned notice, seemingly, the petitioner has made a representation by way of a legal notice on 16th July 2015, which is pending consideration. On a perusal of the pleadings and documents placed before us, it does not seem that any show cause notice was given to the petitioner before the impugned communication dated 9th July 2015 was sent to him, calling upon him to remove the said illegal construction.
Accordingly, we treat the impugned communication of the second respondent as show cause notice and the reply submitted by the petitioner on 16th July 2015 as reply to the impugned communication. The authorities are directed to afford an opportunity of personal hearing also to the petitioner before taking a final decision. If on a proper enquiry, it is found that the construction put up by the petitioner is on the National Highways land unauthorisedly and illegally, it is open to the authority to take steps for removal of the same, after affording an opportunity of hearing to him. The writ petition stands disposed of with the above direction and observation. Costs made easy. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cad
To The Regional Director National Highways Authority of India III Floor DP-34, (SP) Industrial Estate Guindy, Chennai 600 032 The Deputy General Manager (T) and Project Director National Highways Authority of India (Ministry of Road Transport and Highways) No.7, Kamadhenu Nagar Karur 639 001 + 1 cc to Mr.K. Govi Ganesan, Advocate Sr.46920 W.P. No.27444 of 2015 AK(CO) EU 23.09.15